Case law

Opinions from 1658 to today.

Filtersca5

10,000+ results

2.08s

  • David Chatman v. Adams County, MS

    518 F. App'x 292 · Court of Appeals for the Fifth Circuit · Apr 8, 2013

    Miles filed an interlocutory appeal challenging the denial of his summary judgment motion based on qualified immunity. … “First, the district court decides that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law.

    Cited 1 timesUnpublished
  • Parson v. Kaiser Aluminum & Chemical Corp.

    575 F.2d 1374 · Court of Appeals for the Fifth Circuit · Jul 10, 1978

    Parson did not get the job of foreman not because he was black but rather because he was not qualified. … While the District Court Judge clearly has the task of evaluating the credibility of conflicting evidence and witnesses subject to the clearly erroneous rule, e. g., Bolton v.

    Cited 90 timesPublished
  • Gregory v. Town of Verona

    574 F. App'x 525 · Court of Appeals for the Fifth Circuit · Jul 7, 2014

    “Showing that two candidates are similarly qualified does not establish pretext....” 25 As the district court held, “the court has little difficulty in concluding that [Gregory] has failed to establish fact issues regarding … whether he was ‘clearly better qualified’ than the admittedly well-qualified McCoy.”

    Cited 6 timesPublished
  • Will Aguilar v. Williamson County, Texas

    512 F. App'x 444 · Court of Appeals for the Fifth Circuit · Feb 19, 2013

    Qualified immunity should be granted to a deputy unless, first, the deputy’s “conduct would, *446 as a matter of law, be objectively unreasonable in light of clearly established law,” and, second, at least “a genuine issue … Baxter next argues the district court erred in denying his motion for summary judgment on the grounds of qualified immunity because he did not violate a clearly established constitutional right.

    Cited 6 timesUnpublished
  • Lundeen v. Mineta

    291 F.3d 300 · Court of Appeals for the Fifth Circuit · May 8, 2002

    Jurisdiction over Mineta and USDOT As we have previously noted, The principle of sovereign immunity protects the federal government from suit except insofar as that immunity is waived. … waives the official immunity of officers of the United States.9 This certainly qualifies as a waiver of sovereign immunity.

    Cited 33 timesPublished
  • Gregory Brooks v. City of West Point Mississippi

    639 F. App'x 986 · Court of Appeals for the Fifth Circuit · Feb 11, 2016

    We employ a two-pronged inquiry to resolve questions of qualified immunity at summary judgment. … “The right to be free from arrest without probable cause is a clearly established constitutional right.” Mangieri v. Clifton, 29 F.3d 1012, 1016 (5th Cir.1994).

    Cited 30 timesUnpublished
  • McMichael v. Transocean Offshore Deepwater Drilling, Inc.

    934 F.3d 447 · Court of Appeals for the Fifth Circuit · Aug 13, 2019

    Instead, he must show that his replacement, if any, is clearly less qualified. … Here, McMichael does not attempt to show that Eckert was clearly less qualified.

    Cited 114 timesPublished
  • Nance v. New Orleans & Baton Rouge Steamship Pilots' Ass'n

    174 F. App'x 849 · Court of Appeals for the Fifth Circuit · Apr 10, 2006

    basis for a holding that a right is clearly established”. … Second, even if such a right was violated, the official remains protected by “qualified immunity if his conduct was objectively reasonable” in the light of then clearly-established law.

    Cited 4 timesUnpublished
  • Warren v. Fed. Nat'l Mortg. Ass'n

    932 F.3d 378 · Court of Appeals for the Fifth Circuit · Aug 2, 2019

    A district court abuses its discretion when an evidentiary ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence. Hinojosa v. Butler , 547 F.3d 285 , 292 (5th Cir. 2008). III. … To survive a summary judgment motion based on qualified privilege in federal court, the plaintiff has the burden of establishing malice by clear and convincing evidence. See Jackson , 288 F.

    Cited 30 timesPublished
  • St. Tammany Parish Ex Rel. Davis v. Federal Emergency Management Agency

    556 F.3d 307 · Court of Appeals for the Fifth Circuit · Jan 22, 2009

    The implementing regulations establish that debris removal must be in the “public interest” in order to be eligible for funding. Id. § 206.224(a). … The Supreme Court has developed a two-part test for determining whether agency conduct qualifies as a discretionary function or duty under this exception.

    Cited 157 timesPublished
  • Edgar E. Whitworth, D/B/A Dinkie's Food Mart v. Dallas Perkins

    559 F.2d 378 · Court of Appeals for the Fifth Circuit · Sep 19, 1977

    It had over the requisite 200 inhabitants but only 31 qualified voters. After litigation, Impact was held by the Texas courts to have been validly incorporated.' See Perkins v. State, 367 S.W.2d 140 (Tex.1963). … Plaintiff clearly alleges that the defendants enacted the ordinance for .

    Vacated on other grounds by Schroeder v. Municipal Court of the Los Cerritos Judicial District, 435 U.S. 990 (1978)Cited 17 timesPublished
  • Estate of Randy Lynn Cheney v. Wanda Collier, et a

    560 F. App'x 271 · Court of Appeals for the Fifth Circuit · Mar 24, 2014

    The district court granted summary judgment in Collier’s favor on the basis of qualified immunity. … When, however, a defendant’s summary-judgment motion is premised upon qualified immunity, the burden shifts to the plaintiff to raise facts that dispute the defendant’s assertion of qualified immunity. 2 See, e.g., Michalik

    Cited 9 timesUnpublished
  • Izen v. Catalina

    398 F.3d 363 · Court of Appeals for the Fifth Circuit · Jan 26, 2005

    immunity defense. … For the foregoing reasons, we AFFIRM the district court’s order granting summary judgment to the defendants as to all claims. 9 We therefore need not reach the qualified immunity issue raised by Catalina

    Cited 41 timesPublished
  • Alabama Power Company v. Alabama Electric Cooperative, Inc.

    394 F.2d 672 · Court of Appeals for the Fifth Circuit · Apr 2, 1968

    , clearly not beyond the “outer perimeter” of his statutory authority 6 to determine the security for the loan. … To avoid frustrating the intent of Congress, it must follow that in cases where the Administrator is immune from suit under the antitrust laws, the borrower is likewise immune. 9 The Supreme Court has repeatedly held that

    Cited 55 timesPublished
  • Josefina Najarro De Sanchez v. Banco Central De Nicaragua, a Foreign Banking Corporation

    770 F.2d 1385 · Court of Appeals for the Fifth Circuit · Sep 19, 1985

    Upon assuming power, the new government of Nicaragua immediately began to establish priorities to govern the use of the country’s remaining foreign exchange resources. … Nevertheless, the sovereign immunity issues are clearly before us because (1) they are jurisdictional, (2) they formed the basis of the district court’s interim opinion, and (3) they were fully argued to the district court

    Cited 108 timesPublished
  • Frank Benes v. City of Dallas

    602 F. App'x 589 · Court of Appeals for the Fifth Circuit · Mar 4, 2015

    “The doctrine of qualified immunity shields ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … We review a motion for summary judgment based on qualified immunity following the familiar two-part immunity analysis, taken in any order. See Pearson v.

    Cited 8 timesUnpublished
  • Cobbins v. Sollie

    Court of Appeals for the Fifth Circuit · Jun 14, 2023

    The district court here, in denying qualified immunity, concluded that two Fifth Circuit opinions clearly established that Sollie’s use of his taser against Cobbins was unconstitutional. … Among Sollie’s arguments here is that those opinions do not create the “clearly established law” that a plaintiff must prove to defeat a defense of qualified immunity.

    Cited 0 timesUnpublished
  • Eric McCorvey v. TDCJ

    607 F. App'x 375 · Court of Appeals for the Fifth Circuit · Jun 15, 2015

    Styles filed his motion seeking summary judgment dismissal on the basis of qualified immunity, which the district court eventually denied. … clearly established law as well as under TDCJ policy.

    Cited 0 timesUnpublished
  • Cleveland v. Liberty County Sheriff's Department

    626 F. App'x 540 · Court of Appeals for the Fifth Circuit · Sep 30, 2015

    A government official performing a discretionary function is entitled to qualified immunity unless his actions violate a clearly established right of which a reasonable person would have known. Harlow v. … “[W]here the complained of conduct is a law enforcement warrantless search of a residence, qualified immunity turns not only on whether it was then clearly established that such a search required probable cause and exigent

    Cited 3 timesUnpublished

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.